Opinion
February 24, 1986
Appeal from the Supreme Court, Westchester County (Gagliardi, J.).
Appeal from the purported judgment dismissed.
Order affirmed.
Defendant is awarded one bill of costs.
We have reviewed the plaintiffs' contentions with respect to the order dated June 3, 1982 and find them to be without merit.
The purported judgment is merely an extract of the clerk's minutes of trial and is not a judgment. No appeal lies from an extract of the minutes of trial. We note, however, that even if the paper in question had been an appealable judgment, we would nevertheless have dismissed the appeal therefrom on the ground that the plaintiffs have failed to order and settle the transcript of the trial as required by CPLR 5525 (a) (see, Perry v. Tauro, 21 A.D.2d 804), and this case does not fall within the exception (set forth in CPLR 5525 [b]) to the rule requiring that the entire record of the proceedings be transcribed. Mangano, J.P., Brown, Rubin and Lawrence, JJ., concur.